Page:United States Statutes at Large Volume 107 Part 3.djvu/514

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107 STAT. 2452 PUBLIC LAW 103-206—DEC. 20, 1993 to meet with and present its comments directly to the Secretary; and (B) solicit and consider the comments of the Commission and the appropriate Councils. (c) MORATORIUM. — (1) Upon making a finding under subsection (a) that a State has failed to carry out its responsibility under section 805 and that the measures it failed to implement and enforce are necessary for conservation, the Secretary shall declare a moratorium on fishing in the fishe^ in question within the waters of the noncomplying State. The Secretary shall specify the moratorium's effective date, which shall be any date within 6 months after declaration of the moratorium. (2) If after a moratorium is declared under paragraph (1) the Secretary is notified by the Commission that the Commission is withdrawing under section 806(c) the determination of noncompliance, the Secretary shall immediately determine whether the State is in compliance with the applicable plan. If so, the moratorium shall be terminated. (d) IMPLEMENTING REGULATIONS.—The Secretary may issue regulations necessary to implement this section. Such regulations— (1) may provide for the possession and use of fish which have been produced in an aquaculture operation, subject to applicable State regulations; and (2) shall allow for retention of fish that are subject to a moratorium declared under this section and unavoidably taken as incidental catch in fisheries directed toward menhaden if— (A) discarding the retained fish is impracticable; (B) the retained fish do not constitute a significant portion of the catch of the vessel; and (C) retention of the fish will not, in the judgment of the Secretary, adversely affect the conservation of the species offish retained. (e) PROHIBITED ACTS DURING MORATORIUM.— During the time in which a moratorium under this section is in effect, it is unlawful for any person to— (1) violate the terms of the moratorium or of any implementing regulation issued under subsection (d); (2) engage in fishing for any species of fish to which the moratorium applies within the waters of the State subject to the moratorium; (3) land, attempt to land, or possess fish that are caught, taken, or harvested in violation of the moratorium or of any implementing regulation issued under subsection (d); -^ (4) fail to return to the water immediately, with a minimum of injury, any fish to which the moratorium applies that are taken incidental to fishing for species other than those to which the moratorium applies, except as provided by regulations issued under subsection (d); (5) refuse to permit any officer authorized to enforce the provisions of this title to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this title; (6) forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection under this title;